SB 197 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO POSSESSION OF MARIJUANA, POSSESSION OF DRUG PARAPHERNALIA AND EXPUNGEMENT.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 08, 2018. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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18 sponsors
2 primary, 16 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (4 D · 3 R) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
This Act provides mandatory expungement eligibility to individuals who were convicted of the possession, use or consumption of marijuana prior to Delaware’s decriminalization of these offenses. To be eligible for the mandatory expungement, the marijuana conviction must be the applicant’s only criminal conviction.
Bill Text
- Bill Text View text Current pdf
Action History
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Signed by Governor
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Passed By House. Votes: 40 YES 1 ABSENT
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Reported Out of Committee (Administration) in House with 2 Favorable, 3 On Its Merits
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Assigned to Administration Committee in House
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Passed By Senate. Votes: 20 YES 1 ABSENT
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Amendment SA 1 to SB 197 - Passed By Senate. Votes: 20 YES 1 ABSENT
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Amendment SA 1 to SB 197 - Introduced and Placed With Bill
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Reported Out of Committee (Health, Children & Social Services) in Senate with 5 On Its Merits
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Introduced and Assigned to Health, Children & Social Services Committee in Senate
Sponsors
- Gerald W. Hocker · Cosponsor
- Brian Pettyjohn · Cosponsor
- Valerie Longhurst · Primary
- Gregory F. Lavelle · Primary
- David P. Sokola · Cosponsor
- Edward S. Osienski · Cosponsor
- Trey Paradee · Cosponsor
- Kimberly Williams · Cosponsor
- Lyndon D. Yearick · Cosponsor
- Charles Potter Jr. · Cosponsor
- Joseph E. Miro · Cosponsor
- John A. Kowalko · Cosponsor
- Quinton Johnson · Cosponsor
- James Johnson · Cosponsor
- Paul S. Baumbach · Cosponsor
- F. Gary Simpson · Cosponsor
- William R. Outten · Cosponsor
- Robert Marshall · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 16 co-sponsors · 44 not signed on
Sponsors (2)
Co-sponsors (16)
- Gerald W. Hocker Republican
- Brian Pettyjohn Republican
- David P. Sokola Democratic
- Edward S. Osienski Democratic
- Trey Paradee Democratic
- Kimberly Williams Democratic
- Lyndon D. Yearick Republican
- Charles Potter Jr.
- Joseph E. Miro
- John A. Kowalko
- Quinton Johnson
- James Johnson
- Paul S. Baumbach
- F. Gary Simpson
- William R. Outten
- Robert Marshall
Not signed on (44)
44 members have not signed on to this bill.
Show all 44 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 24 | 0 | 0 | 1 |
| Democratic | 7 | 0 | 0 | 0 |
| Republican | 9 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 1 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Anthony Delcollo | — | Yea |
| Brian J. Bushweller | — | Yea |
| Bruce C. Ennis | — | Yea |
| Catherine Cloutier | — | Not Voting |
| Colin Bonini | — | Yea |
| David B. McBride | — | Yea |
| Ernesto B Lopez | — | Yea |
| F. Gary Simpson | — | Yea |
| Gregory F. Lavelle | — | Yea |
| Harris B. McDowell | — | Yea |
| Margaret Rose Henry | — | Yea |
| Robert Marshall | — | Yea |
| Bryan Townsend | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 197 do?
- This Act provides mandatory expungement eligibility to individuals who were convicted of the possession, use or consumption of marijuana prior to Delaware’s decriminalization of these offenses. To be eligible for the mandatory expungement, the marijuana conviction must be the applicant’s only criminal conviction.
- Who sponsors SB 197?
- SB 197 is sponsored by Gerald W. Hocker (Republican), Brian Pettyjohn (Republican), Valerie Longhurst, Gregory F. Lavelle, David P. Sokola (Democratic), Edward S. Osienski (Democratic), Trey Paradee (Democratic), Kimberly Williams (Democratic), Lyndon D. Yearick (Republican), Charles Potter Jr., Joseph E. Miro, John A. Kowalko, Quinton Johnson, James Johnson, Paul S. Baumbach, F. Gary Simpson, William R. Outten, and Robert Marshall.
- What is the current status of SB 197?
- This bill has been enacted into law. Introduced May 08, 2018. Enacted.
- Where can I track SB 197?
- Track SB 197 free on One Click Politics — get push/email alerts when it moves.
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